Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
2. Reparation for damage caused 3. Indemnity for Consequential damages EFFECT OF ACQUITTAL IN CRIMINAL CASE 1. When due to reasonable doubt – no civil liability 2. When due to exempting circumstances – there is 3. When there is preponderance of evidence – there CRIMES WITHOUT CIVIL LIABILITY 1. Contempt 2. Insults to persons in authority 3. gambling 4. violations of traffic regulations (De Leon, 2003 QUASI-DELICT/TORTS (OBLIGATION EX QUASIDELICTO Or EX QUASI MALEFICIO ) • It is an act or omission arising from fault or

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n t b • ELEMENTS: 1. There must be an act or omission 2. There must be fault or negligence attributable to 3. There must be damage or injury 4. There must be a direct relation of cause and

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e n c 5. There is no pre-existing contractual relation NEGLIGENCE • Failure to observe for the protection of the

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NATURE OF OBLIGATIONS 1. Personal Obligations: obligations to do or not

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4.Civ ATE aga pers pers Rig pers from defi sub fulf pre do o 3. 3. 2. DUT AG 1. 5. . REM PER 1. 2.

NOTE: Future fraud cannot be waived. REMEDIES OF DEFRAUDED PARTY • Insist on specific performance (Art 1233) • Resolve contract (Art 1191) • Claim damages. the law does not prohibit renunciation of the action for damages on the ground of fraud already committed. Quasi-Delict (Culpa aquiliana/culpa extra 2. in either case NEGLIGENCE • Consists in the omission of that diligence which is r c p KINDS OF NEGLIGENCE 1. c Contractual Negligence (Culpa Contractual)- n . However.

Mora Solvendi– default on the part of the debtor: d • • • • • • . Obligation must be due. A demand (not merely a reminder or notice). Failure of the debtor to comply with such KINDS OF DELAY 1. t j u h 4. demandable and l 2. Debtor fails to perform his positive obligation on 3.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b 4 REQUISITES OF DELAY 1.

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Plurality of object a b c 3. Plurality of subject a b c 4. Performance Sanctions for breach a b 5. a b PURE – one whose effectivity or extinguishment does not depend upon the fulfillment or non- . Accion Pauliana – asking the court to rescind or e t d • a b c d e Loss Deterioratio n Obligatio n Impairmen t is Debtor obliged to pay Creditor may choose PRIMARY CLASSIFICATION OF OBLIGATIONS UNDER THE CIVIL CODE 1.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 6. Demandability a b c 2.

Suspensive ( ex die ) –obligation becomes d Interval of time which is future and certain Time w/c must necessarily come although it may not be known when Exerts an influence upon the time of demandability or extinguishment of an obligation Does not have any retroactive effect unless there is an agreement to the Fact or event which is future or uncertain or a Future and uncertain fact or event which may or may not happen Exerts an influence upon the very existence of the obligation itself Has retroactive effect . REMEDY: 1. Resolutory ( in diem ) – demandable at once but p t • 2. Court shall fix period of payment when KINDS: 1. Agreement among parties 2.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 a b IMPOSSIBLE AND ILLEGAL CONDITIONS • GENERAL RULE: They shall annul • EXCEPTIONS: the o a b c d e OBLIGATIONS WITH A PERIOD WITH A PERIOD – An obligation which depends on a future and certain event (See Arts 1193. 1196) WHEN STIPULATION SAYS “PAYABLE WHEN ABLE” – IT IS WITH A PERIOD.

1199 – 1206) FACULTATIVE . DELAY OR FRAUD OF OBLIGOR: • Of thing intended as substitute .no liability • Of the substitute after substitution is made – with l ALTERNATIVE – bound by different prestations but only one is due RIGHT OF CHOICE IN ALTERNATIVE OBLIGATIONS • As a general rule the right of choice belongs to EFFECT OF LOSS OF OBJECTS OF ALTERNATIVE OBLIGATIONS 1.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ALTERNATIVE OBLIGATIONS (See Arts.only one prestation has been agreed upon but another may be given in substitution EFFECT OF LOSS OR DETERIORA0TION THRU NEGLIGENCE. If right of choice belongs to the creditor • • • . If the right of choice belongs to the debtor d • • • • 2.

Interruption in payment by one does not benefit 3. Demand on one produces delay only with respect 2. A joint creditor cannot act in representation of the o c o JOINT INDIVISIBLE OBLIGATIONS 1.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 5. the fulfillment of or c c h o 2. Insolvency of one debtor does not affect other JOINT DIVISIBLE OBLIGATIONS 1. If there are 2 or more debtors. If there are 2 or more creditors. the concurrence o f e EFFECT OF BREACH • If one of the joint debtors fails to comply with h b c I i t Refers to the Refers to the legal tie and prestation which consequently to the decompressor constitutes the TIFF (Uncom pressed) parties of the of the obligation obligation Plurality of subjects is Plurality of subjects is not required indispensable In case of breach. Each creditor can demand for the payment of his t o t d p d h 2. obligation is converted into 1 of indemnity for damages because of I . when a solidary responsibility is imputed by a f ( EFFECTS OF JOINT LIABILITY 1. Vices of one debtor to creditor has no effect on 4.

Partial/irregular performance 2.takes place of damage. 1226 – 1230) WITH PENAL CLAUSE – One to which an accessory undertaking is attached for the purpose of insuring its performance by virtue of which the obligor is bound to pay a stipulated indemnity or perform a stipulated prestation in case of breach CHARACTERISTICS OF PENAL CLAUSES: 1. Subsidiary . Exclusive . Loss due to fortuitous event after default – there DIVISIBLE AND INDIVISIBLE OBLIGATIONS (See Arts.As a general rule. Penalty provided is iniquitous/ unconscionable . If without fault – no liability 2. 1223 – 1225) a i DIV performance • • • Execution of certain no of days work Expressed by metrical units Nature of obligation – susceptible of partial f INDIVISIBLE performance • • • • – one not capable of partial To give definite things Not susceptible of partial performance Provided by law Intention of parties OBLIGATIONS WITH A PENAL CLAUSE (See Arts.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 h EFFECT OF LOSS OR IMPOSSIBILITY OF THE PRESTATION: 1. damage can b e o a b c CAUSES FOR REDUCTION OF PENALTY: 1. only penalty can 2. If with fault – there is liability (also for damage 3.

In other case – in the place of the domicile of the d • • SUBSTANTIAL PERFORMANCE Art. the obligor may recover as though there had been a strict and complete fulfillment. Payment by debtor must be made in good faith 2. (n) . Creditor must be in possession of the credit and • NOTE: With respect to time and place of RD h r m n p WHERE PAYMENT SHOULD BE MADE 1. PRESUMED IF 1. (1157) Art.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 PAYMENT MADE TO AN INCAPACITATED PERSON. If the obligation has been substantially performed in good faith. less damages suffered by the obligee. Creditor ratifies payment to 3rd person 3. debtor has been led to PAYMENT MADE IN GOOD FAITH TO A PERSON IN POSSESSION OF CREDIT SHALL RELEASE DEBTOR. 3rd person acquires the creditor’s 2. A debt shall not be understood to have been paid unless the thing or service in which the obligation consists has been completely delivered or rendered. as the case may be. Incapacitated person kept the thing delivered. 1233. After payment. By creditor’s conduct. VALID IF 1. In the place designated in the obligation 2. REQUISITES: 1. 1234. or 2. VALID IF PROVED AND ONLY TO THE EXTENT OF BENEFIT. If there is no express stipulation and the u p o 3. Insofar as the payment has been beneficial to PAYMENT TO 3 PARTY NOT AUTHORIZED.

DACION EN PAGO DACION EN PAGO – mode of extinguishing an obligation whereby the debtor alienates in favor of the creditor property for the satisfaction of monetary debt. A special form of payment because 1 element of payment is missing: IDENTITY CONDITIONS FOR A VALID DACION: a b c • NOTE: DACION is governed by the law on sales .Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • • GENERAL RULE: Debtor EXCEPTION: Creditor a b d 2. extinguish up to amount of property unless w/ contrary stipulation.

Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 c d e EFFECTS: EXTINGUISHMENT OF OBLIGATION a b c CONSIGNATION W/O PRIOR TENDER – allowed in: a b c d 5. LOSS OF THE THING DUE LOSS OF THE THING DUE – partial or total/ includes impossibility of performance WHEN IS THERE A LOSS e a b c WHEN IS THERE PERFORMANCE: IMPOSSIBILITY OF a b OBLIGATION TO DELIVER A SPECIFIC THING • GENERAL RULE: Extinguished • EXCEPTIONS: .

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two obligations. .Civ ATE Dif pa 1. debtor is re leased 2. one is 4. 2. can be done w/o consent of credi tor 3. one obligation 4. 3. needs consent of creditor – express or imp lied 3. new debtor is obliged to pay CO SU gove 1300 debt requ extin oblig rise defe the are c take mom or su PRIN 1. 3rd person has no obligation to pay if insolvent 1. debtor is not necessarily released from d ebt 2.

Consideration CONSENT – meeting of minds between parties on subject matter and cause of contract.negotiation 2. concurrence of offer and acceptance REQUIREMENTS: 1. Consummation – performance CH ESSENTI AL ELEMENTS: 1. Capacity 3. Manifestation of intent of parties 5. Subject Matter 3. Consent 2. Plurality of subject 2. Preparation . Perfection/birth 3. Cognition by the other party 6. As to name or designation a b STAGES IN A CONTRACT: 1.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b 5. Conformity of manifestation and cognition AUTO CONTRACTS • made by a person acting in another’s name in COLLECTIVE CONTRACTS o . Intelligence and free will 4.

• Advertisement for Bidders – only invitation to b a m a a OPTION . mistake may 6. Intoxicated and under hypnotic spell 5. Art 1331 . Minors 2. Art 1338 .person induced by fraud (dolo • NOTE: Dolus bonus (usual exaggerations in w d c t RULE ON CONTRACTS ENTERED INTO BY MINORS • GENERAL RULE: VOIDABLE • EXCEPTIONS: a b . Insane or demented persons 3.person under mistake. Illiterates/ deaf-mutes who do not know how to 4. RULE ON ADVERTISEMENTS AS OFFERS • Business advertisements – Not a definite offer.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 the offeror may accept or reject.option may be withdrawn anytime before acceptance is communicated but not when supported by a consideration other than purchase price: option money *An prom con don gran perf held enfo the con Par PERSONS WHO CANNOT GIVE CONSENT TO A CONTRACT: 1.

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For validity (formal/solemn contracts) 2. – R E F O R M A T I O .Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 m 5 3. For convenience • • GENERAL RULE: contract is valid and binding in EXCEPTIONS p w r • NOTE: RA 8792 (E-COMMERCE ACT) – formal r a e p u u C H A P T E R 4 . For enforceability (statute of frauds) 3. Real – creation of real rights over immovable WHEN FORM IS IMPORTANT: 1.

inequitable conduct.N O F I N S T R U M E N T S REFORMATION OF CONTRACTS – remedy to conform to real intention of parties due to mistake. accident . fraud.

Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 OBLIGATION CREATED BY THE RESCISSION OF THE CONTRACT: Mutual Restitution a b MUTUAL RESTITUTION NOT APPLICABLE WHEN a b a b c d .

Contracts are also valid even though they are entered into by one of the parties without hope of advantage or profit. Hongkong and Shanghai Bank.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 MISTAKE • false belief into something • REQUISITES: a b c d e VIOLENCE • serious or irresistible force is employed to wrest INTIMIDATION • one party is compelled by a reasonable and well- c g u a UNDUE INFLUENCE • person takes improper advantage of his power o f Martinez vs. FRAUD • thru insidious words or machinations of c c OBLIGATION OR CONTRACTS a b c . 12 Phil 252. The doctrine on reluctant consent provides that a contract is still valid even if one of the parties entered it against his wishes or even against his better judgment.

Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 e r KINDS: a b c TWO WAYS OF CONTRACTS: CURING UNENFORCEABLE a b 4. VOID OR INEXISTENT – of no legal effect a b c d e f .

Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 .

payment of legacy after will have been declared o p v KINDS . restitution by minor after annulment of contract 4. and presupposes a prestation.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b MUTUAL RESTITUTION IN VOID CONTRACTS • GENERAL RULE: parties should return to each • Where nullity arose from defect in essential o c e a b • EXCEPTION: No recovery can be had in cases w c a b NATURAL OBLIGATIONS • they are real obligations to which the law denies • • It is patrimonial. reimbursement of a third person for a debt that 3. Performance after action to enforce civil p h f 6. The binding tie of these obligations is in the a v c h a EXAMPLES OF NATURAL OBLIGATIONS ENUMERATED UNDER THE CIVIL CODE: 1. Performance after the civil obligation has 2. Delivery by minor of money or fungible thing in 5. payment by heir of debt exceeding value of 7.

.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ESTOPPEL .a condition or state by virtue of which an admission or representation is redered conclusive upon the person making it and cannot be denie d or disproved as against the person relying thereon .

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